תלמוד בבלי
תלמוד בבלי

הלכה על סנהדרין 98:20

Sefer HaMitzvot

And the manner of their count is that we count the four death penalties as four positive commandments. And the language of the Mishnah (Sanhedrin 49b) is, "This is the commandment of those stoned." And likewise did they say (Sanhedrin 52a), "How was the commandment of those burnt, how was the commandment of those stangled, how was the commandment of those killed?" And they also said (Sanhedrin 35b) that what He, may He be blessed, said, "You shall kindle no fire throughout your settlements" (Exodus 35:3) came to prohibit the punishments on Shabbat. And that which He prohibited the commandment of burning and said, "throughout your settlements," was to say - in the settlement that is a court, do not kindle a fire - even though [the kindling is part of] a positive commandment. They said, "Burning was within a category. So why was it singled out? [Because] just like burning is specified in that it is one of the four death penalties of the court and does not push off the Shabbat, so too do the other death penalties of the court not push off Shabbat." And this is clear, such that no one should have a doubt about it. And likewise is it appropriate to count lashes as a commandment. But it is inappropriate to count every specific punishment as a separate commandment, until we would say, for example, that the commandment that we have been commanded to stone those that profane the Shabbat is a positive commandment, the stoning of someone with an ov is another commandment and the stoning of idolatry is a third, to the point where the count of the commandments would be according to the [classes of] people that are liable for the death penalties of the court - as did someone besides us without contemplation. For if the matter would be like this, it would be appropriate to also perforce count each and every set of lashes on its own, to the point that the lashes for eating a carcass would be a separate commandment, the lashes for eating pork would be a second commandment, the lashes the eating of meat in milk would be a third and the lashes for wearing a forbidden mixture (shatnez) would be a fourth. And for him, the positive commandments should then be according to the count of negative commandments for which we give lashes; and then the positive commandments would perforce be more than four hundred. But just like we do not count all those liable for lashes, but rather only count the type of punishment - and that is lashes - so too do we only count the types of death penalties. And those are stoning, burning, killing (decapitation) and strangulation.
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Sefer HaChinukh

The commandment upon the court to stone the one liable: That the court is obligated to pelt with stones one who has transgressed some sins. And one of them is one who has sexual relations with an engaged maiden, as it states (Deuteronomy 22:24), "and you shall stone them with stones." And this is one of the four well-known death penalties of the court - and they are stoning, burning, killing (beheading) and strangulation. And in Sanhedrin 49b in the chapter [entitled] Arba Mitot, Rabbi Shimon and 'our rabbis' disagreed [regarding] which is more severe, stoning or burning. And it is 'our rabbis' that said that stoning is more severe. And the matter of stoning is thus (see Mishneh Torah, The Sanhedrin and the Penalties within their Jurisdiction 15:1): Four ells distant from the house of stoning, we remove the clothes of the man who is obligated in stoning, until he remains naked, and [then] we cover his nakedness in front of him. And a woman is not stoned naked but rather with one garment. And the house of stoning was two stories tall. And he goes up there - [as do] his witnesses - and his hands are tied. And one of the witnesses pushes him on his midriff and he falls to the ground on his heart. And if he does not die from the pushing, the witnesses pick up a stone that was laying there - [weighing] a load for two people - and they release their hands and hurl the stone on his heart. And if he [still] doesn't die, his stoning is by all of Israel, as it states (Deuteronomy 17:7), "The hand of the witnesses shall be upon him first, etc."
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